Thursday, 29 September 2011

Civil vs. Criminal liability

"For a defendant to be guilty of a criminal offence the jury must be sure of his guilt: it must be ‘beyond reasonable doubt’. So, in statistical terms, the probability that the defendant is innocent must be very small. Civil liability, on the other hand, is determined on a ‘balance of probabilities’ – i.e. the defendant is liable even if the probability that he is innocent is 49 per cent."